Results.
348 judgments found.
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| February 2024 |
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Cancellation of a title over boundary uncertainty requires Surveyor‑General verification, not immediate cancellation.
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Land registration — Certificate of Title — Boundary dispute vs. erroneous inclusion; Land Survey Act — role of Surveyor-General; proper remedy is re-survey and verification, not immediate cancellation of title; joinder of State via Attorney‑General for survey.
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28 February 2024 |
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Whether an unsigned sketch plan and oral evidence may vary a written memorandum of sale concerning land boundaries.
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Property law — dispute over apportionment of land — Statute of Frauds — memorandum of sale — admissibility of extrinsic/parol evidence and unsigned sketch plan — boundaries and rectification — appellate review of credibility findings.
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28 February 2024 |
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A failed provocation/self-defence claim does not justify extenuation absent evidence of provocation; conviction and death sentence upheld.
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Criminal law — Murder — Provocation and self-defence — Failed defence as extenuation — Requirements: provocative act, loss of self-control, proportionate retaliation — Malice aforethought — Sentencing — Extenuating circumstances.
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27 February 2024 |
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Appeal dismissed; eyewitness evidence and extra‑judicial confession rendered circumstantial case cogent, alibi rejected, conviction and death sentence upheld.
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Criminal law — murder — circumstantial evidence and proof beyond reasonable doubt — eyewitness credibility — extra‑judicial confession admissibility — suspect/ interested witnesses — alibi — sentence (death).
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27 February 2024 |
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A weapon adaptable to discharge is a 'firearm' even if its trigger mechanism is defective.
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Armed aggravated robbery; definition of "firearm" under Firearms Act; capacity to discharge or adaptability to discharge; role of ballistics/test-firing evidence; appellate review of factual findings.
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24 February 2024 |
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Appellate court upheld earlier title, found no proven fraud, and cancelled overlapping title No. 982.
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Land law — Priority of title — Certificate of title conclusive under s.33 Lands and Deeds Registry Act — Fraud must be pleaded with particulars and strictly proved — Duty of due diligence by purchasers — Local authority as agent; Commissioner of Lands controls allocation — Injunctions and balance of convenience — Cancellation of overlapping title.
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23 February 2024 |
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Circumstantial evidence that the appellant assaulted the victim warranted murder conviction; appeal dismissed.
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Criminal law — Murder — Circumstantial evidence — Causation — Novus actus interveniens — Credibility findings — Appeal against conviction
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23 February 2024 |
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A voluntary confession to a civilian, combined with cogent circumstantial evidence, can sustain a murder conviction.
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Confession to a civilian — admissibility and voluntariness; exclusion only if unfairly obtained; circumstantial evidence — strands considered cumulatively; last-seen, possession of victim's property, scene links; investigative omissions do not necessarily render circumstantial case speculative.
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23 February 2024 |
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Court upheld murder convictions, holding relatives' eyewitness evidence need not be corroborated absent record evidence of bias.
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Criminal law — murder — eyewitness evidence given by relatives of deceased — corroboration required only where record indicates bias, interest or motive to falsely implicate — appellate deference to trial court credibility findings — alibi rejected — appeal dismissed.
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23 February 2024 |
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Court set aside murder conviction after trial judge ignored crucial medical opinion, substituting a lesser assault conviction and sentence.
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Criminal law — causation in homicide — weight and consideration of expert medical opinion — novus actus interveniens — appellate substitution to lesser offence (assault occasioning actual bodily harm).
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23 February 2024 |
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Whether a will’s clause makes the spouse trustee of pension benefits for minor children, otherwise vesting them in the residuary estate.
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Wills — Testamentary construction — Appointment of spouse as trustee limited to WHO pension benefits for minor children; absence of minors or predeceased trustee causes benefits to vest in residuary estate; extraneous pension regulations not admissible as new evidence.
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23 February 2024 |
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Restoration of a dismissed appeal denied where counsel's absence lacked satisfactory explanation despite alleged registry misinformation.
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Civil procedure — Restoration of dismissed appeal — Order X Rule 19(2) — Absence of counsel — Alleged registry misinformation — Requirement to prove sufficient reasons.
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23 February 2024 |
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Voice recognition corroborated by surrounding facts proved guilt; failure to investigate alibi was outweighed by strong evidence, no extenuation.
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Criminal law — identification evidence by voice recognition — corroboration by surrounding circumstances; Alleged prosecutorial dereliction in failing to investigate alibi — prejudice and when strong evidence rebuts it; Extenuating circumstances — burden and absence of mitigating facts.
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23 February 2024 |
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Appeal dismissed for want of jurisdiction due to appellant's failure to file the record of appeal within prescribed time.
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23 February 2024 |
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The Court held the departures were consensual voluntary separations, not redundancy, and dismissed the appeal.
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Employment law — voluntary separation vs redundancy — unilateral variation of basic conditions of service — consent and participation — payroll retention and Article 189(2) — adequacy of trial court's reasons.
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21 February 2024 |
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Trial court erred by admitting unsworn child evidence and unconsented spouse testimony; conviction set aside.
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Criminal law — Evidence of child witnesses — Juveniles Act s122 requires two-tier test (intelligence and understanding duty to tell truth) for oath; unsworn evidence improper where test not satisfied. Criminal procedure — Competency of spouse to testify — Criminal Procedure Code s151 exceptions required; spouse’s testimony inadmissible without accused’s consent if exceptions not met. Sexual offences — Corroboration and identity — where key witness evidence is expunged, conviction cannot stand; retrial discretionary and not ordered where remaining evidence insufficient
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20 February 2024 |
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Failure to address an appellant's guilty plea and make a pronouncement prejudiced trial; post-event taunting is not aiding and abetting.
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Criminal procedure — Plea of guilty — necessity to read statement of facts and make pronouncement at close of prosecution — failure amounts to procedural irregularity and prejudice; Evidence — absence of exhibit does not preclude conviction where credible oral testimony proves disputed fact; Criminal liability — Section 21 aiding and abetting requires assistance before or during the offence — post-offence taunting is not aiding/abetting.
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20 February 2024 |
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Conviction based on uncorroborated identification by a suspect witness is unsafe and quashed.
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Criminal law — Identification evidence — Suspect witness (detained in connection with offence) — Requirement of corroboration or "something more" — Failure to pursue phone records as investigative lapse — Conviction unsafe and quashed.
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20 February 2024 |
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Failure to investigate an alibi did not overturn conviction where credible daylight eyewitness identification offset the prejudice.
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Criminal law — alibi — duty of police to investigate alibi; onus to disprove alibi — prosecution may rely on cogent identification evidence to offset investigative lapses; extenuating circumstances — grave and sudden provocation — belief in witchcraft not automatically exculpatory.
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20 February 2024 |
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Respondent lacked legal authority to levy takeover authorisation fee because the former Securities Act provided no basis for it.
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Securities law — applicability of former versus current Securities Act — delegated legislation and statutory instruments — scope of fees under Rule 11 and Third Schedule — lawfulness of takeover authorisation fee — retroactivity and interpretation of enabling provisions.
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18 February 2024 |
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Loan fully disbursed; default occurred before COVID‑19; BFSA s110 limits interest on non‑performing loans; assessment ordered.
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16 February 2024 |
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Delay beyond one year does not oust jurisdiction, but inadequate written reasons and improper costs warrant retrial before another judge.
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Industrial relations — delay in judgment — one-year rule not jurisdictional (purposive interpretation); judgment writing — necessity of evidential review, findings and reasons; costs in industrial matters — generally not awarded except under Rule 44.
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15 February 2024 |
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A subsisting judicial separation excludes the spouse from intestate succession; minor dependant's entitlement upheld; administration orders clarified.
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Matrimonial Causes Act — effect of a decree of judicial separation on intestate succession — Section 36(1) construed to exclude the separated spouse from intestacy; Intestate Succession — entitlement of dependants — minor recognised as dependant; Administration of estates — appointment of administrators requires assessment of suitability and legal interest; Procedural fairness — unclear revocation order and late filings; Costs — each party to bear own costs.
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15 February 2024 |
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The appellant acquiesced to rent increases and failed to seek court determination; arrears, possession and distraint orders were upheld.
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Rent Act — standard rent — determination of standard rent — tenant’s acquiescence to rent increase — periodic tenancy — recovery of possession — warrant of distress — appellate review of factual findings — new issues not pleaded on appeal.
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14 February 2024 |
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Unpleaded issues cannot be raised on appeal; nominal damages vindicate a technical invasion of rights; costs follow the event.
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Civil procedure — Pleadings and appeals: unpleaded issues cannot be raised for the first time on appeal; Sale of Goods Act (disposition of goods) — issue not pleaded; Tort — trespass/injuria; Nominal damages — appropriate where legal right infringed but no proven loss; Costs — discretionary, normally follow the event.
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12 February 2024 |
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An order awarding relief contrary to the court's own findings is a nullity and may be set aside on appeal.
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Civil procedure — Judgment inconsistent with findings — Perverse order amounting to nullity — Appellate intervention; Writ of Fieri Facias set aside; principle that court orders must be obeyed until set aside.
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12 February 2024 |
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A company in liquidation may sue a former liquidator and third parties for misfeasance; section 117 is permissive and section 70(6) gives a statutory remedy.
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Corporate insolvency — Liquidator misconduct and misfeasance — Competence of company in liquidation to sue — Section 117 (permissive) — Section 70(6) (personal liability for excess remuneration) — Stay of winding-up proceedings — Fresh action vs relief in winding-up.
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9 February 2024 |
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A company in liquidation may sue its former liquidator and a third party for misfeasance and statutory reimbursement despite a stayed winding-up.
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Corporate insolvency — competence of company in liquidation to sue for misfeasance by liquidator; section 117 (court review of liquidator acts) is permissive — not an exclusive remedy; statutory liability under s.70(6) for excess remuneration; fresh action permissible where winding-up stayed; joinder and liability of third-party recipients of company funds.
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9 February 2024 |
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Resignation does not attract constitutional payroll retention; gratuity limited to contractual/pro rata entitlement and discrimination was unproven.
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Constitutional law — Article 189 payroll retention applies to pension benefits under pension law, not contractual gratuity following resignation; Employment law — gratuity payable per contractual terms and Employment Code Act s73(2) (pro rata); Civil evidence — burden of proof on claimant asserting discrimination; Estoppel not established.
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7 February 2024 |
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Leave to appeal denied: succession-related customary law issues did not raise a public law point or prospects of success.
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Court of Appeal — leave to appeal to Supreme Court — s.13(3)(a),(c),(d) Court of Appeal Act — point of law of public importance — customary law and chieftaincy succession — prospects of success — finality of litigation.
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7 February 2024 |
| January 2024 |
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Appellant failed to prove fraud; third‑party mortgage valid, permitting foreclosure and enforcement of the personal guarantee.
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Mortgage law — third‑party mortgage validity — allegation of forgery/fraud — standard of proof for fraud in civil cases — signature comparison and handwriting evidence — foreclosure and enforcement of personal guarantee.
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31 January 2024 |
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Costs ordinarily follow the event; interchangeable terminology did not justify denying the successful party costs.
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Civil procedure — Costs — Judicial discretion — Costs ordinarily follow the event — Successful party may be deprived of costs only for good reason — Pleading terminology ("terminal benefits" vs "long service bonus") not improper conduct — Judgment on admission.
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31 January 2024 |
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Court refused late cross-appeal applications for insufficient, unsubstantiated reasons and procedural noncompliance.
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Civil procedure — extension of time to file cross-appeal — Order 13 Rule 3(3) CAR — sufficiency of reasons — compliance with time limits — conflict of interest — abuse of process.
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30 January 2024 |
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Irrelevant proceedings in the record were expunged; late service was curable, leave granted, and costs ordered against the appellant.
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Court of Appeal Rules (Order X Rule 9) — Record of appeal must contain only materials necessary for determination; extraneous proceedings curable by expunction. Service of record and heads outside 14‑day period — regulatory breach not necessarily fatal; court may grant leave to serve out of time. Procedural non‑compliance — dismissal only where defect is incurable or causes prejudice. Costs ordered against appellant
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30 January 2024 |
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Appeal dismissed for failure to file record within time; belated extension application without sufficient explanation was rejected.
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Civil procedure — appeals — dismissal for want of prosecution — failure to file record of appeal within 60 days — reactive application for extension of time insufficient without good and convincing explanation — proof of service of requests for record — Article 118 (avoidance of technicalities) not a licence to flout procedural rules.
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26 January 2024 |
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A court granted the applicant's stay of execution pending appeal due to arguable prospects and risk of irreparable harm.
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Civil procedure — Stay of execution pending appeal — Renewal application competency — Test: prospects of success and irreparable harm — Real property risk of foreclosure.
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26 January 2024 |
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Appeal dismissed: confession to relatives upheld as credible; foreign postmortem expunged for lack of author’s evidence.
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Criminal law — Extra‑judicial confession to relatives — Admissibility and reliability; Postmortem report from foreign jurisdiction inadmissible without author giving evidence (s.191A CPC); Alibi not disclosed to police — no duty to investigate; Confession may ground conviction without corroboration where credible.
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26 January 2024 |
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Employee entitled to prior contractual redundancy rate, but not to continued wages during litigation.
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Employment law — redundancy — preservation of pre-acquisition contractual terms — calculation of redundancy entitlement (five months per year) — remedy for underpaid terminal benefits — limitation on awarding salaries during litigation (reliance on Mcqueen Zenzo Zaza v ZESCO).
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25 January 2024 |
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Appeal dismissed: no proven contract with respondent and no vicarious liability for employee's unauthorised acts.
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Contract formation — requirement of agreement and proof; Agency and authority — unauthorised acts and employee acting on a private job; Vicarious liability — employer not liable where employee acted outside authority; Turquand rule — exceptions where transaction appears suspicious; Appellate review — deference to trial findings of fact.
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25 January 2024 |
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Whether quarry blasting caused respondents' property damage and whether the trial court correctly found causation on the balance of probabilities.
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Environmental/tort — quarry blasting and property damage — causation on balance of probabilities — weight of expert evidence — appellate interference with trial findings of fact.
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25 January 2024 |
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Confession to a village headman is admissible; police confession narrated by civilians was excluded, but conviction for aiding and abetting upheld.
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Criminal law — admissibility of confession — village headman not a 'person in authority' requiring warn-and-caution; police confessions must comply with Judges' Rules — evidence of mere presence versus aiding and abetting under section 21 of the Penal Code.
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25 January 2024 |
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Bank liable where it failed to follow verification procedures for over‑the‑counter withdrawals, despite payments claimed to be in good faith.
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Banking law — duty of care to customers — payment on forged/unauthorised withdrawal slips — verification procedures; estoppel — requirement of evidence of reliance and prejudice; discretionary closure of trial and refusal of further adjournment; third‑party proceedings — failure to prosecute.
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24 January 2024 |
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Appellate court upheld trial finding of US$907,900 indebtedness, set aside remittal for assessment and ordered direct payment.
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Contract and evidence — acknowledgement of debt — sufficiency and corroboration; burden of proof in civil cases; appellate review of findings of fact — perverse/unwarranted interference; procedural non-compliance — substantive consideration in interest of justice; remittal for assessment vs. direct award.
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19 January 2024 |
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Ambiguous age report required juvenile consideration; death sentence set aside and replaced with one-year probation.
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Criminal law — murder sentencing — age determination ambiguity — possible juvenile status — misdirection by sentencing without pronouncing on age — death sentence set aside; substituted one-year probation under Probation of Offenders Act and Children's Code.
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19 January 2024 |
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Application for stay of execution dismissed for lack of prospects and because the Ruling sought to be stayed was not subject to appeal.
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Civil procedure — stay of execution pending appeal — discretionary remedy — applicant must show good and cogent reasons and prospects of success; court entitled to preview appeal prospects; stay ordinarily requires an appeal pending and will not be granted in respect of a ruling not appealed.
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19 January 2024 |
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16 January 2024 |
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A conditional leave to appeal imposed where no statutory leave was required is void; appeal competent, but appellant ordered to pay costs.
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Civil procedure — Appeal jurisdiction — Right of appeal under s.22 Court of Appeal Act — Conditional leave to appeal — Void ab initio — Compliance with court orders pending vacation or variation — Costs for disobedience of order.
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15 January 2024 |
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Conditional leave to appeal imposed where no leave was required was void ab initio; appeal competent but appellant ordered to pay costs.
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Civil appeal — final judgment — right of appeal under s.22 Court of Appeal Act — conditional leave requiring payment into court — ultra vires; nullity — effect of void orders (Macfoy) — duty to obey court orders until set aside (Majera) — conditional leave to be sparingly used — costs for disobedience of court orders.
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15 January 2024 |